Australia’s Most Decorated Veteran Ben Roberts-Smith Charged with War Crime Murders

Historic Charges Filed Against Victoria Cross Recipient

In a landmark development for Australian military justice, former Special Air Service (SAS) corporal Ben Roberts-Smith was arrested and charged on Tuesday with five counts of war crime murder. The 47-year-old, who remains Australia’s most decorated living veteran, was taken into custody at Sydney Airport following his arrival from Brisbane. The charges stem from allegations involving the intentional killing of five unarmed Afghan non-combatants during his service between 2009 and 2012.

Allegations of Misconduct in Conflict Zones

Australian Federal Police (AFP) Commissioner Krissy Barrett detailed the gravity of the allegations, stating that the victims were not participating in hostilities at the time of their deaths. According to the prosecution, the victims were detained and under the control of Australian Defence Force (ADF) members when they were killed. It is further alleged that Roberts-Smith either personally shot the victims or ordered subordinates to do so in his presence. If convicted, the charge of war crime murder carries a potential sentence of life imprisonment under Australian federal law.

From Civil Defamation to Criminal Prosecution

The criminal charges follow a high-profile civil defamation case initiated by Roberts-Smith against several media outlets in 2018. In 2023, a federal judge dismissed the suit, ruling that the newspapers had proven to a civil standard that Roberts-Smith likely unlawfully killed four Afghans. However, the upcoming criminal proceedings will require a higher burden of proof—beyond a reasonable doubt—to secure a conviction. The investigation into these incidents was facilitated by the Office of the Special Investigator, which was established following a 2020 military report that uncovered evidence of systemic unlawful killings by elite Australian troops.

A Turning Point for the ADF

Roberts-Smith is the second Australian veteran to face such charges related to the Afghanistan campaign, following the arrest of former soldier Oliver Schulz. Between 2001 and 2021, approximately 40,000 Australian personnel served in Afghanistan. The ongoing legal actions represent a significant moment for the nation as it grapples with the legacy of its longest war and the conduct of its most elite fighting forces. Investigative journalists expect former SAS colleagues to testify, many of whom have previously spoken out about the moral and legal challenges they faced while serving alongside the accused.